Ghana's government has officially endorsed the separation of the Office of the Attorney-General from the Ministry of Justice. This significant constitutional reform aims to bolster the independence of criminal prosecutions and enhance public trust in the justice system.
The proposal, announced by Attorney-General and Minister of Justice Dr. Dominic Ayine, is part of broader constitutional reforms. It seeks to amend Article 88(1) of the 1992 Constitution. This amendment would remove the requirement for the Attorney-General to also serve as a Minister of State.
This move addresses long-standing concerns about potential political interference in legal proceedings. Critics have often highlighted the conflict of interest when the chief prosecutor is also a cabinet member. The proposed separation aims to create a more impartial and effective justice system, aligning with best practices in democratic governance.
Dr. Ayine presented the government's response to the Constitutional Review Committee's final report at Jubilee House on Thursday, July 30. He described the proposal as historic, noting the unusual nature of a minister advocating for reforms that alter his own office's structure. "This briefing would be incomplete without me telling you about the changes affecting my own ministry," Dr. Ayine stated.
Under the new arrangement, a distinct Minister of Justice will oversee the justice and legal sector. The Attorney-General will maintain their role as the Republic's principal legal adviser. Crucially, the Attorney-General will retain exclusive authority to prosecute criminal offenses on behalf of the State. "The Attorney-General will remain the principal legal adviser of the Republic and the repository of the prosecutorial authority of the State, but will cease to be a Minister of State," Dr. Ayine clarified.
The government considered the Constitutional Review Committee's recommendations to remove the Attorney-General's authority to prosecute corruption offenses. It also reviewed the suggestion to require court approval before discontinuing criminal prosecutions. However, the government rejected these specific recommendations. It argued that institutional restructuring, rather than limiting constitutional powers, would better address underlying concerns about independence. "The Government has not accepted those proposals... But the Government has squarely addressed the concern that lies beneath them, namely, that an Attorney-General who sits in Cabinet cannot comfortably prosecute members of the government of which he is part," Dr. Ayine explained.
To further shield the office from political influence, the government proposes constitutional safeguards. These safeguards would grant the Attorney-General the same terms and conditions of service as a Justice of the Supreme Court. A new clause will be inserted into Article 88 to guarantee the Attorney-General's prosecutorial independence. "To guarantee the prosecutorial independence of the office, a new clause will be inserted in Article 88 to give the Attorney-General the same terms and conditions of service as a Justice of the Supreme Court," Dr. Ayine confirmed.
This reform would also strengthen the Attorney-General's security of tenure. Removal from office would be subject to the same constitutional procedures applicable to Superior Court judges. Any attempt to remove an Attorney-General would require a petition and the constitutional processes outlined in Article 146 of the Constitution. This measure aims to protect the Attorney-General from arbitrary dismissal, ensuring greater stability and independence in their role. Dr. Ayine called this proposal one of the most significant institutional reforms in the government's constitutional review agenda. "This is a significant restructuring of the legal architecture of the Executive, and I believe history will judge it kindly," he concluded.
This reform is expected to have a profound impact on Ghana's legal and governance landscape. It could lead to increased investor confidence due to a more transparent and independent justice system. The separation may also influence how corruption cases involving high-ranking officials are handled, potentially leading to more robust prosecutions. Stakeholders will closely watch the legislative process and the practical implementation of these changes.